Divorce can be devastating however; uncontested divorces are often less devastating to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Instead, uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces are an option available to divorcing couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Utah:
To obtain an uncontested divorce in Utah you must meet the following criteria:
Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. Preparing Divorce Forms The Courts site offers online forms for completing an uncontested divorce available here and or in hard copy at your local courthouse. The following documents must be filed with your divorce paperwork:
If you and your spouse have children together under the age of 18, then the following forms must be filed as well:
The required paperwork to complete a divorce in Utah may vary in your particular county, and thus, forms in addition to those listed above may be required to complete your divorce. Check with your local court clerk for more information and to determine whether you need to file additional forms. REQUIREMENTS TO FILE FOR A DIVORCE
As in most states, divorce law allows you to obtain a no-fault divorce. You must merely demonstrate that you and your spouse have irreconcilable differences. The Law also allows you to seek a divorce if your spouse has committed one of the following:
Property Distribution One of the most divisive issues of any divorce involves how property is distributed to the parties involved. Courts use the principle of equitable distribution, i.e. assets should be allocated fairly, to divide marital property. This does not necessarily mean a 50/50 split and fairness is governed by many factors including:
Alimony or spousal maintenance may be ordered if the dependent spouse is unable to maintain the current standard of living. In most cases, alimony is only temporary and will be terminated after a determined period of time. The court will consider the following when awarding alimony:
Law allows divorce on fault-based grounds, as well as the no-fault grounds of irreconcilable differences. If you want to file for divorce in a court, you must have lived in the state for at least three months. If you have minor children and need the court to decide custody, those children typically must have lived in the state at least six months.
Attending Divorce Education and Mediation
Going to Trial
Divorce Attorney in Utah Free ConsultationWhen you need a divorce in Utah, please call Ascent Law LLC at (801) 676-5506 for your Free Consultation. We will help you.
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